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Do State Regulators Have Authority to Enforce OFAC Sanctions?

Do State Regulators Have Authority to Enforce OFAC Sanctions?

The enforcement of OFAC-administered sanctions by a state agency—even against banks by a banking regulator operating in a dual banking system—raises fundamental constitutional and other legal questions. Chief among them is the overarching question of whether U.S. states have authority to directly or effectively enforce OFAC-administered sanctions, particularly independently and prior to enforcement by competent federal authorities—namely OFAC. This question and some of the legal issues and policy and practical considerations appertaining to it are discussed in detail in a forthcoming publication. This document provides a summary preview of some of the key legal issues discussed in that publication. Additional summary previews may be provided separately.

Islamic Finance for Food Security in the Middle East: Food Security Waqf

Islamic Finance for Food Security in the Middle East: Food Security Waqf

Hdeel Abdelhady proposes a multilateral food security waqf, a type of Islamic trust or endowment, as a vehicle of investment in the future food security of the Middle East. This article focuses on the rationale and objectives of a waqf-based framework currently under development by the author, for application by governments, institutions, and private entities. The structures under development combine the waqf (as a foundational framework to allocate funding and other assets) with Islamic financing structures, Islamic and conventional asset management approaches, Shari’ah- and civil law-based legal frameworks, and effective governance and operational models to achieve measureable impact, in a manner that equitably and rationally distributes rights and responsibilities among parties across the food supply chain, from government consumers to small farmers.

Anti-corruption, AML nexus for Financial Institution Compliance

Anti-corruption, AML nexus for Financial Institution Compliance

Recent investigations of financial institutions for "corrupt" hiring of foreign officials' family members highlight links between anticorruption and AML compliance and enforcement. Financial institutions dealing with politically exposed persons and state-owned enterprises should leverage AML expertise to bolster anticorruption compliance.

Egypt Needs a Mindset Revolution (to transition economically)

Egypt Needs a Mindset Revolution (to transition economically)

Ultimately, the success of Egypt's political transition will be measured not at the ballot box, but at the breadlines. Egypt needs a national economic vision to transform its political aspirations into reality. But first the country must undergo a national mindset revolution. Egyptians must ask themselves and their leaders the clichéd question: where do they see themselves in the next five, 15, or 50 years? Will Egypt remain a foreign aid recipient whose fortunes twist in unpredictable political winds? Will its economic path continue to be paved with off-the-rack structural adjustments thought up in the halls of the World Bank and International Monetary Fund? Will Egyptians continue to accept -- and expect -- economic mediocrity? The answers, and Egypt's future, will depend on the health of the national mindset.

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